McCartney v Orica Investments Pty Ltd (No 2)

In *McCartney v Orica Investments Pty Ltd (No 2)*, the appellants sought orders following a previous decision of the Court of Appeal. The dispute concerned the assessment of damages, and the matter came before Giles, Macfarlan and Young JJA of the Court of Appeal of New South Wales.

The Court was required to determine whether the previous orders made by the primary judge regarding the assessment of damages for the loss of a distributorship were appropriate. Specifically, the appeal concerned the question of whether the distributorship would have been lost in any event and, consequently, the calculation of damages flowing from that loss.

The Court allowed the appeal, setting aside the previous orders made on 28 May and 2 June 2010. The proceedings were remitted to the Equity Division for a new trial on the specific issues of whether the Clos distributorship would have been lost irrespective of the respondents' conduct, and the consequential assessment of damages for that loss. The respondents were ordered to repay a sum of $1,819,350.59, plus pre-judgment interest, to the appellants. Costs of the trial were to be costs in the new trial, and the respondents were ordered to pay 85 per cent of the appellants' appeal costs.